The Markham Record

Council Meeting

September 28, 2021

Who was there

Present (10): Amanda Yeung Collucci, Alan Ho, Keith Irish, Jim Jones, Andrew Keyes, Isa Lee, Joe Li, Reid McAlpine, Karen Rea, Frank Scarpitti

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (27 motions)

27 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

That the Minutes of the July 27, 2021 Council meeting and the August 26, 2021 Special Council Meeting, be adopted.
Moved by Councillor Isa Lee, seconded by Councillor Keith Irish
Carried
That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.
Moved by Councillor Alan Ho, seconded by Regional Councillor Jim Jones
Carried
That the request for the City of Markham for a Special Occasion Permit be received and approved, subject to compliance with all applicable by-laws, regulations and City requirements for special occasion permits with respect to temporary facilities, and further; That the City of Markham recognize the Gravel Run for Lyme charity event as an event of "Municipal Significance".
Moved by Councillor Alan Ho, seconded by Regional Councillor Jim Jones
Carried
That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: Pulmonary Fibrosis Awareness Month - September 2021 Public-Rail Safety Week - September 20-26, 2021 Show Your Local Love Day - September 23, 2021 Franco-Ontarian Day - September 25, 2021 Dyslexia Awareness Month - October 2021 Rett Syndrome Awareness Month - October 2021 Child Care Worker and Early Childhood Educator Appreciation Day - October 21, 2021 That the following new requests for proclamation, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received and added to the Five-Year Proclamations List approved by Council: Up Your Life Day - September 10, 2021 International Peace Day - September 21-28, 2021 National Day of Truth and Reconciliation - September 30, 2021 Orange Shirt Day - September 30, 2021 That the following new requests for proclamation, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: Andre De Grasse Day - August 4, 2021 Jayde Riviere Day - August 6, 2021 Steven Stamkos Day - August 28, 2021 Zachary Gingras Day - August 31, 2021 Marissa Papaconstantinou Day - September 3, 2021 That the following request for flag to be raised at the Anthony Roman Markham Civic Centre flagpole, approved by the City Clerk in accordance with the City of Markham Community Flag Raisings & Flag Protocol Policy, be r
Moved by Regional Councillor Jim Jones, seconded by Councillor Reid McAlpine
Carried
That the report of the General Committee be received & adopted. (Items 1 to 3):
Moved by Regional Councillor Jack Heath, seconded by Councillor Andrew Keyes
Carried
That the Report for the Cancellation, Reduction or Refund of Taxes under Sections 357 and 358 of the Municipal Act, 2001 be received; and, That taxes totalling approximately $539,344 be adjusted under Section 357 and 358 of the Municipal Act, 2001 of which the City’s portion is estimated to be $41,040; and, That the associated interest be cancelled in proportion to the tax adjustments; and, That the Treasurer be directed to adjust the Collector’s Roll accordingly; and further, That staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Regional Councillor Jack Heath, seconded by Councillor Andrew Keyes
Carried
That the report entitled “Markham Village & Unionville Areas Flood Control Feasibility Study Completion” be received; and, That Council endorse the recommended solution including Sewer Upgrades, Flow Diversions, and System Optimization identified in the Markham Village & Unionville Areas Flood Control Feasibility Study; and, That Staff expand the current watercourse inspection maintenance program to include priority watercourses for debris identification/ blockage removal in 2022; That a follow up presentation and summary be provided at the upcoming General Committee meeting on October 18, 2021; and further, That Staff be authorized and directed to do all things necessary to give effect to this Resolution.
Moved by Regional Councillor Jack Heath, seconded by Councillor Andrew Keyes
Carried
That the presentation titled “2021 Asset Management Plan (AMP) Endorsement” be received; and, That Council endorse the 2021 Asset Management Plan (AMP) and adopt the proposed asset management strategy and framework; and further, That staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Regional Councillor Jack Heath, seconded by Councillor Andrew Keyes
Carried
That the report of the Development Services Committee be received & adopted. (1 Item):
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
Whereas the owner of 233 Main Street has constructed a 60 foot by 80 foot concrete outdoor hockey/multi-purpose sports pad and is retroactively seeking a Heritage Permit to retain it; and, Whereas the owner of 233 Main Street has indicated an intention to construct an accessory building and has constructed a concrete base of 30.33 square meters for it and has applied for a Heritage Permit for its retention and construction of the building; and, Whereas 233 Main Street is individually designated under the Ontario Heritage Act and located within the Unionville Heritage Conservation District; and, Whereas 233 Main Street is governed by a Heritage Easement Agreement with the City that requires City approval for an owner to undertake certain works on the property; and, Whereas the Heritage Markham Advisory Committee has indicated that it does not support the Heritage Permit application for 233 Main Street and recommended refusal of the Heritage Permit; and, Whereas the owner has illegally removed a number of mature trees from the property and has altered the grading and topography of the property without supporting studies or permission from the City; Now therefore be it resolved: That the report titled “Application for a Heritage Permit to address Heritage Easement Agreement requirements to permit a rear yard sports pad and accessory building, 233 Main Street, Unionville, Ward 3”, dated September 27, 2021, be received; and, That the written submissions by Shanta Sundarson, Randy
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the rules of procedure be waived in order to add an item of new business regarding property standards enforcement mechanisms.
Moved by Councillor Reid McAlpine, seconded by Councillor Karen Rea
Carried
That the notice of proposed sale for the City owned lands legally described as Units 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, and 43, Level A, York Region Standard Condominium Plan No. 1198, City of Markham, be confirmed. (In-Camera Item No. 14.2.1, June 8, 2021 Council Meeting)
Moved by Deputy Mayor Don Hamilton, seconded by Councillor Amanda Collucci
Carried
That staff be directed to report back to the Development Services Committee in the first quarter of 2022 on what mechanisms the City currently has at its disposal or needs to have in the future to better enforce the City’s desired property standards as a result of the excavation of property and/or the alteration of property grading and drainage; and, That staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Reid McAlpine, seconded by Regional Councillor Jack Heath
Carried
That By-laws 2021-67 to 2021-73 be given three readings and enacted.
Moved by Councillor Alan Ho, seconded by Councillor Khalid Usman
Carried
That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters at 1:52 PM: 14.1 COUNCIL 14.1.1 APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - JULY 27, 2021 AND AUGUST 26, 2021 SPECIAL COUNCIL MEETING (10.0) 14.1.2 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD [Section 239 (2) (e)] AND ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE - OLT APPEAL ANGUS GLEN SECONDARY PLAN [Section 239 (2) (f)] (8.0) 14.2 DEVELOPMENT SERVICES COMMITTEE 14.2.1 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; [Section 239 (2) (e)] AND ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; OLT APPEAL OLT APPEAL 28 MAIN STREET UNIONVILLE (8.0) [SECTION 239 (2) (f)] 14.2.2 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD – OLT APPEAL YONGE CORRIDOR AND YONGE STEELES SECONDARY PLAN (8.0) [Section 239 (2) (e)] 14.2.3 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; [Section 239 (2) (e)] AND ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE;
Moved by Councillor Khalid Usman, seconded by Councillor Andrew Keyes
Carried
That Council rise from Confidential session at 4:13 PM
Moved by Regional Councillor Jim Jones, seconded by Councillor Amanda Collucci
Carried
That the confidential Council minutes of July 27, 2021 Council meeting and the August 26, 2021 Special Council Meeting, be adopted.
Moved by Councillor Reid McAlpine, seconded by Councillor Alan Ho
Carried
That the Confidential Report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and advice that is subject to solicitor-client privilege, including communications necessary for that purpose; be received; and, That the City Solicitor and Staff be directed to attend the Ontario Land Tribunal appeal related to the Angus Glen Secondary Plan in opposition to the appeal, based on the matters set out in this report; and further, That staff be authorized and directed to do all things necessary to give effect to these resolutions.
Moved by Councillor Amanda Collucci, seconded by Councillor Karen Rea
Carried
In favour (9): Councillor Alan Ho, Councillor Karen Rea, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Regional Councillor Jack Heath, Regional Councillor Joe Li, Councillor Andrew Keyes, Councillor Amanda Collucci, Councillor Khalid Usman · Opposed (3): Councillor Keith Irish, Councillor Reid McAlpine, Deputy Mayor Don Hamilton
That the Confidential Report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board – OLT Appeal Yonge Corridor and Yonge Steeles Secondary Plan, be received; and, That Staff be authorized and directed to take the actions set out in this report.
Moved by Councillor Keith Irish, seconded by Regional Councillor Jim Jones
Carried
That the confidential memorandum dated September 27, 2021 on Application For A Heritage Permit To Address Heritage Easement Agreement, Requirements To Permit A Rear Yard Sports Pad And Accessory Building, 233, Main Street, Unionville, Ward 3, be received; and, That staff be authorized as directed at the September 27, 2021 Development Services Committee meeting.
Moved by Councillor Reid McAlpine, seconded by Deputy Mayor Don Hamilton
Carried
That By-law 2021-74 be given three readings and enacted. Three Readings BY-LAW 2021-74 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF --SEPTEMBER 28, 2021.
Moved by Councillor Karen Rea, seconded by Councillor Khalid Usman
Carried
That the Council meeting be adjourned at 4:22 p.m.
Moved by Councillor Isa Lee, seconded by Councillor Keith Irish
Carried
1. That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: a. Pulmonary Fibrosis Awareness Month - September 2021 b. Public-Rail Safety Week - September 20-26, 2021 c. Show Your Local Love Day - September 23, 2021 d. Franco-Ontarian Day - September 25, 2021 e. Dyslexia Awareness Month - October 2021 f. Rett Syndrome Awareness Month - October 2021 g. Child Care Worker and Early Childhood Educator Appreciation Day - October 21, 2021 2. That the following new requests for proclamation, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received and added to the Five-Year Proclamations List approved by Council: a. Up Your Life Day - September 10, 2021 b. International Peace Day - September 21-28, 2021 c. National Day of Truth and Reconciliation - September 30, 2021 d. Orange Shirt Day - September 30, 2021 6 3. That the following new requests for proclamation, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: a. Andre De Grasse Day - August 4, 2021 b. Jayde Riviere Day - August 6, 2021 c. Steven Stamkos Day - August 28, 2021 d. Zachary Gingras Day - August 31, 2021 e. Marissa Papaconstantinou Day - September 3, 2021 4. That the following request for flag to be raised at the Anthony Roman Markham Civic Centre flagpole, approved by the City Clerk in accordance with the City o
Moved by Regional Councillor Jim Jones, seconded by Councillor Reid McAlpine
Carried
1. That the report entitled “Markham Village & Unionville Areas Flood Control Feasibility Study Completion” be received; and, 2. That Council endorse the recommended solution including Sewer Upgrades, Flow Diversions, and System Optimization identified in the Markham Village & Unionville Areas Flood Control Feasibility Study; and, 3. That Staff expand the current watercourse inspection maintenance program to include priority watercourses for debris identification/ blockage removal in 2022; 4. That a follow up presentation and summary be provided at the upcoming General Committee meeting on October 18, 2021; and further, 5. That Staff be authorized and directed to do all things necessary to give effect to this Resolution. 8
Moved by Regional Councillor Jack Heath, seconded by Councillor Andrew Keyes
Carried
Whereas the owner of 233 Main Street has constructed a 60 foot by 80 foot concrete outdoor hockey/multi-purpose sports pad and is retroactively seeking a Heritage Permit to retain it; and, 9 Whereas the owner of 233 Main Street has indicated an intention to construct an accessory building and has constructed a concrete base of 30.33 square meters for it and has applied for a Heritage Permit for its retention and construction of the building; and, Whereas 233 Main Street is individually designated under the Ontario Heritage Act and located within the Unionville Heritage Conservation District; and, Whereas 233 Main Street is governed by a Heritage Easement Agreement with the City that requires City approval for an owner to undertake certain works on the property; and, Whereas the Heritage Markham Advisory Committee has indicated that it does not support the Heritage Permit application for 233 Main Street and recommended refusal of the Heritage Permit; and, Whereas the owner has illegally removed a number of mature trees from the property and has altered the grading and topography of the property without supporting studies or permission from the City; Now therefore be it resolved: 1. That the report titled “Application for a Heritage Permit to address Heritage Easement Agreement requirements to permit a rear yard sports pad and accessory building, 233 Main Street, Unionville, Ward 3”, dated September 27, 2021, be received; and, 2. That the written submissions by Shanta Sundarson
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
1. That the notice of proposed sale for the City owned lands legally described as Units 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 11 28, 29, 30, 31, and 43, Level A, York Region Standard Condominium Plan No. 1198, City of Markham, be confirmed. (In-Camera Item No. 14.2.1, June 8, 2021 Council Meeting)
Moved by Deputy Mayor Don Hamilton, seconded by Councillor Amanda Collucci
Carried
1. That the Confidential Report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and advice that is subject to solicitor- client privilege, including communications necessary for that purpose; OLT Appeal 28 Main Street Unionville be received; and, 2. That Staff be authorized and directed to take the actions as given at the September 28, 2021 Council meeting. (
Moved by Regional Councillor Jim Jones, seconded by Councillor Khalid Usman
Carried

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